Solicitud directa (CEACR) - Adopción: 1991, Publicación: 78ª reunión CIT (1991)

With reference to its general observation, the Committee notes that the Government's report has not been received and recalls its previous direct requests which read as follows:

North Yemen

1. In its previous comments, the Committee noted that, under section 36 of the Constitution, no forced labour shall be imposed upon anyone except in cases in the public interest prescribed by law and with appropriate wages. Under sections 2, 13 and 14 of Act No. 15 of 1979 respecting the national defence service, citizens called up for national service can be enrolled in national action units, whose purpose is to assist the armed forces in the event of mobilisation. They are formed by decision of the Council of Ministers, which fixes the work of each unit, its organisation, the length of service of those forming part of it and the national projects to be entrusted to it.

The Committee once again requests the Government to provide detailed information on the national units already formed under Act No. 15 of 1979, in particular on the nature of the work and projects entrusted to them, and to furnish the text of the relevant decisions of the Council of Ministers.

2. The Committee, in its previous direct request, asked the Government to furnish the text of the regulations on prison labour adopted under section 37(1) of Act No. 31 of 1979 respecting the organisation of prisons. The Committee notes the Government's indication that the Council of Ministers has not yet made such regulations. The Committee requests the Government to send copies of these regulations as soon as they are made and, in the meantime, to supply information on any measures taken to ensure that prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

3. The Committee, in previous comments, requested the Government to furnish the text of any legislation on the power to mobilise labour in the event of an emergency, on minor communal services and on any other civic obligations. The Committee notes the Government's indication that no legislation yet exists on the possibility of mobilising workers in cases of emergency. The Committee requests the Government to supply copies of any such legislation if and when adopted in the future and, in the meantime, to send the texts of any laws governing minor communal services or other civic obligations with its next report.

4. Freedom to leave the service of the State. The Committee notes the Government's indications that Act No. 49 of 1977 concerning, inter alia, the procedure for the resignation of civil servants, was repealed by Act No. 1 of 1988. The Committee requests the Government to send a copy of Act No. 1 of 1988, as well as copies of any other law or regulation governing the freedom of civil servants to resign from the public service.

5. The Committee notes the Government's indications that Act No. 50 of 1982 concerning, inter alia, the conditions and instructions applying to the resignation of staff at public establishments and semi-public companies was also repealed by Act No. 1 of 1988. The Committee requests the Government to send copies of the laws or regulations which now govern the staff of public establishments and semi-public companies, in particular the conditions and instructions applying to the resignation of staff of this class.

6. Referring to its previous request, the Committee notes the Government's indication that induction into the armed forces is either voluntary or through the compulsory military service; the Committee once again requests the Government to supply the text of the legislation governing the conditions of recruitment and resignation of voluntary members of the armed forces.

Article 25 of the Convention. 7. The Committee notes that section 129 of Act No. 22 of 1963 respecting crimes against the public interest, has not yet been applied. The Committee asks the Government to continue in the future to provide information on the practical application of this provision which makes any civil servant who illegally exacts work liable to penal sanctions.

The Committee notes the Government's indications that there are no penal provisions similar to section 129 that make private individuals liable to penal sanctions for the illegal exaction of work. The Committee draws attention to Article 25 of the Convention which obliges ratifying States to make the exaction of forced or compulsory labour punishable as a penal offence and to ensure that the penalties imposed by law are really adequate and strictly enforced. The Committee requests the Government to indicate what measures have been taken or are contemplated to give effect in national law and practice to this requirement of the Convention.

South Yemen

1. In its previous comments, the Committee noted the Government's statement that the provisions of the Labour Code, the Act respecting military institutions and the Penal Code do not lay down penalties for workers who leave their work. The Committee requested the Government to supply information on the criteria used by the competent authorities in accepting or refusing an application to resign.

The Committee notes the information supplied by the Government in its report that, as regards the resignation of employees in the public administration, the regulations to implement the Labour Code still have to be issued. It also notes the information that, in accordance with the provisions of the Labour Code, workers are entitled to tender their resignation before their employment contracts expire, on condition that they give the employer written notice of the same period as the time that elapses for the payment of their wages. According to the Government, in practice, the resignation of workers has not raised any problems. Nevertheless, this matter will be one of those covered in future by the regulations implementing the Labour Code.

The Committee requests the Government to supply copies of the implementing regulations on this subject when they have been adopted.

2. The Committee notes that, by virtue of sections 42 and 44 of the Penal Code adopted on 9 March 1976, the text of which was supplied by the Government, cases of simple offences that do not involve serious social danger can be brought before a social justice body which, under section 45 of the above Code can issue a judgement involving the performance of work in order to recompense the damages suffered by the victim. The Committee also notes that, by virtue of section 59 of the Penal Code, imprisonment consists of placing the person so sentenced in one of the state establishments intended for this purpose and ordering them to perform socially useful work that is related to their capabilities and is such as to improve their skills according to an educational and cultural programme intended to prepare them for reintegration into the new Yemenite society.